Gillespie School District prevailed in its lawsuit against Union Pacific Railroad Company yesterday, Wednesday, September 10 when the Honorable Patrick J. Londrigan, Circuit Court Judge in Macoupin County, ruled in favor of the Gillespie School District. The award, the largest in Macoupin County history, amounted to $9,850,000.
“After five years of heavily contested litigation, including three trips to the Illinois Appellate Court and one to the Illinois Supreme Court, Gillespie School District prevailed,” the press release issued by Verticchio & Verticchio reads. The ruling stems from a March 2009 mine subsidence event that condemned the elementary school.
The Benld Elementary School was built in 2002 and condemned in spring of 2009 by the Illinois State Department of Education. “The subsidence resulted in extensive damage including busted pipes, cracked walls, major floor buckling and structural separation,” the press release states. The school was demolished this past summer after the court finally released it.
We plan to use the funds recovered in the lawsuit to provide tax relief to the district’s property owners
District Superintendent Joe Tieman said the school board was extremely satisfied with the favorable judgment. “We plan to use the funds recovered in the lawsuit to provide tax relief to the district’s property owners,” Superintendent Tieman said. “And, to continue improving the quality of education for the students in the Gillespie School District.”
The Gillespie School District is being represented by Rick Verticchio of Verticchio & Verticchio Law Offices, located in Gillespie and Carlinville, Illinois, and Thomas J. Verticchio of Swanson, Martin & Bell, LLP of Chicago, Illinois. Both are graduates of the Gillespie school system.
The judgment in favor of the district remains subject to appeal, but Attorney Rick Verticchio stated he is “satisfied with the judgment and confident the School District will prevail on any appeal.”
Superintendent Tieman said the school district could get even more money, depending if the potential appeal is denied. Under Illinois law, the defendant is required to pay 9% interest on the amount awarded for damages if it files an appeal and loses. Interest for one year would be $886,500.
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